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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 7PESTICIDES
SUBCHAPTER DUSE AND APPLICATION
RULE §7.30Classification of Pesticides

(a) State-Limited-Use Pesticides Defined by Active Ingredient.

  (1) Except as provided by paragraphs (3) - (4) of this subsection and because of their high potential to cause adverse effects to non-target sites a pesticide product containing an active ingredient in the following list is classified as a state-limited-use pesticide and subject to the restrictions listed in paragraph (5) of this subsection, as well as all other provisions of law generally applicable to state-limited-use pesticides.

    (A) 2,4-Dichlorophenoxyacetic acid (2,4-D); including acid, amine, choline, ester and salt formulations;

    (B) 2,4-Dichlorophenoxy butyric acid (2,4-DB);

    (C) 2,4-Dichlorophenoxy propionic acid (2,4-DP);

    (D) 2-Methyl-4-Chlorophenoxyacetic acid (MCPA);

    (E) 3,6-Dichloro-o-anisic acid (dicamba); including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium salt;

    (F) 3,4-Dichloropropionanilide (propanil);

    (G) 5-bromo-3-sec-butyl-6-methyluracil (bromacil);

    (H) 2,4-bis(isopropylamino)-6-methoxy-s-triazine (prometon);

    (I) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac);

    (J) Sodium flouoroacetate (Compound 1080); and

    (K) Sodium cyanide (M44).

  (2) Regulated Herbicides.

    (A) 2,4-dichlorophenoxyacetic acid (2,4-D); including acid, amine, choline, ester and salt formulations;

    (B) 2-methyl-4-chlorophenoxyacetic acid (MCPA);

    (C) 3,6-dichloro-o-anisic acid (dicamba); including dimethylamine salt (DMA), sodium salt, diglycoamine salt (DGA), isopropylamine salts (IPA), N, N-Bis-(3-aminopropyl) methylamine (BAPMA), and potassium salt; and

    (D) 3,7-dichloro-8-quinolinecarboxylic acid (quinclorac).

  (3) Exceptions from Regulated Herbicide Classification.

    (A) 2,4-dichlorophenoxyacetic acid (2,4-D) or 3,6-Dichloro-o-anisic acid dicamba when used in accordance with the approved product label for transgenic auxin herbicide tolerant crops; and

    (B) applied by ground application equipment only; and

    (C) applied when winds do not exceed 10 miles per hour.

  (4) A pesticide product containing an active ingredient listed in this subsection is exempt from classification as a state-limited-use pesticide or a regulated herbicide under this subsection if the product:

    (A) is distributed in a container with a capacity less than or equal to one quart for liquid products or less than or equal to two pounds for dry or solid products;

    (B) is a specialty fertilizer mixture labeled for ornamental use and registered as a commercial fertilizer under Chapter 63 of the Agriculture Code;

    (C) is ready for use, requires no further mixing or dilution before use, and is packaged in a container of one gallon or less for liquid products or four pounds or less for dry or solid products.

  (5) The following are restrictions on use and distribution of State-Limited-Use pesticides and regulated herbicides:

    (A) A person may not purchase a pesticide classified as a state-limited-use pesticide or as a regulated herbicide under this subsection unless the person is licensed as a pesticide applicator under either Chapter 76 of the Agriculture Code or Chapter 1951 of the Occupations Code or working under the direct supervision of a person so licensed.

    (B) A person may not use a pesticide classified as a state-limited-use or as a regulated herbicide under this subsection unless the person is licensed as a pesticide applicator under either Chapter 76 of the Agriculture Code or Chapter 1951 of the Occupations Code or working under the direct supervision of a person so licensed.

    (C) A person may not distribute a pesticide classified as state-limited-use or as a regulated herbicide under this subsection to a person not authorized by this section to purchase state-limited-use pesticide or a regulated herbicide.

(b) State-Limited-Use Pesticides Defined by Use.

  (1) Due to the high potential for adverse effects to humans, animals, or the environment as the result of wide area public health pest control, a pesticide product otherwise classified as general use is classified as a state-limited-use pesticide when, and only when, applications are made by aerial application or with power-driven fogging equipment for the purpose of public health pest control.

  (2) A person may not use a pesticide for public health pest control in methods identified in paragraph (1) of this subsection unless the person is licensed as a pesticide applicator under Chapter 76 of the Agriculture Code and certified in the public health pest control category or working under the direct supervision of a person so licensed and is employed either by a state, county, city, or other local governmental body or is a person authorized to perform public health pest control under a contract between a state, county, city or other local governmental body and the person or the person's employer.

  (3) For purposes of this subsection, "public-health pest control" has the same meaning as provided in §7.21(a)(12) of this subchapter (relating to Applicator Certification).

(c) Prohibited Pesticides.

  (1) Because of their persistence in the environment and bioaccumulative toxic effects, any product or substance in the following list or containing as an active ingredient a product or substance in the following list is a prohibited pesticide and subject to the prohibitions, restrictions, and requirements of paragraphs (2) and (3) of this subsection:

    (A) Aldrin;

    (B) Chlordane;

    (C) DDT (dichlorodiphenyltrichloroethane);

    (D) DDD (dichlorodiphenyldichloroethylene);

    (E) Dieldrin;

    (F) Hexachlorobenzene;

    (G) All mercury-based pesticides;

    (H) Mirex;

    (I) Toxaphene;

    (J) Heptachlor;

    (K) 2,4,5-trichlorophenoxyacetic acid (2,4,5-T);

    (L) 2,4,5-trichlorophenoxypropionic acid (2,4,5-TP (Silvex)).

  (2) No person shall use a prohibited pesticide for any purpose.

  (3) A person in possession of a prohibited pesticide shall by proper storage, care, handling, and transport prevent the release of the prohibited pesticide into the environment, and shall prevent exposure of human beings or other susceptible species to the prohibited pesticide, and shall dispose of the prohibited pesticide in accordance with all provisions of state and federal law.


Source Note: The provisions of this §7.30 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective December 21, 2015, 40 TexReg 9115

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